Academic journal article Journal of Legal, Ethical and Regulatory Issues

Scientific and Practical Analysis of Administrative Jurisdiction in the Light of Adoption of the New Code of Administrative Procedure of Ukraine

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Scientific and Practical Analysis of Administrative Jurisdiction in the Light of Adoption of the New Code of Administrative Procedure of Ukraine

Article excerpt

INTRODUCTION

Now, Ukraine is in a difficult but necessary process of reforming all social spheres, in particular, system improvement and qualitative transformation in the judicial field. Ratified Association Agreement between the European Union and the European Atomic Energy Community and their Member States (hereinafter referred to as Agreement), Ukraine undertook a commitment towards the actual implementation of international obligations at the domestic level, as well as the inclusion of international legal norms in the national legal system (Kravtsova & Petrova, 2017). According to Art. 14 of the Agreement, Ukraine shall strengthen cooperation in the field of justice, freedom and security: strengthening the judiciary, improving its efficiency, guaranteeing its independence and impartiality, combating corruption on the basis of the principle of respect for human rights and fundamental freedoms in order to ensure the rule of law. Adoption of a number of legal acts, in particular, Justice Sector Reform Strategy 2015-2020, the Law of Ukraine "On the Judiciary and Status of Judges'" dated June 2, 2016, N° 1402-VIII (hereinafter the Law N° 1402-VIII), the Law of Ukraine "On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other Legislative Acts " N° 2147-VIII dated October 3, 2017 made significant amendments in administrative procedure too. In particular, the study of new subjectmatter, instance and territorial jurisdiction of administrative courts deserves considerable attention, and the research of its essence is particularly topical in the context of judicial and legal reform. Judicial reform is one of the most urgent reforms that should be implemented as soon as possible. Its result lays in guaranteeing an effective administration of justice in Ukraine, free access to it, impartial and fair settlement of legal disputes on the basis of the rule of law.

The study of individual issues of administrative jurisdiction was carried out by wellknown researchers such as Zui (2014), Kolpakov & Gordyeyev (2011), Vatamanyuk (2011) and others. Full jurisdiction is understood as an institution of administrative procedure law, the rules of which, depending on the set of features and properties of an administrative case, the jurisdiction of a court and other criteria determine in which administrative court and in which composition of this court it should be considered in the first, appeal or cassation instance (Vatamanyuk, 2011). Another researcher defines the essence of instance original jurisdiction as a correlation of cases and courts on the basis of such mark as a place of court in the competence hierarchy, that is, he delimits the competence of administrative courts of different levels (first, appeal and cassation instances) (Kolpakov & Gordyeyev, 2011).

The purpose of the instance original jurisdiction is to determine equal opportunities for appealing judicial decisions for each administrative case, in another words to prognosticate the same number of courts that a person's right to appeal and review of the court judgment is not unreasonably restricted, and the original jurisdiction of several interconnected requirements - to ensure the unification of several requirements, which should be considered within the framework of administrative procedure in one proceeding (Zui, 2014).

But along with this, taking into account the diversity and depth of conducted researches as well as the significant changes that were made in the administrative procedure legislation in the process of judicial system reform, the essence and content of subject-matter, instance, and territorial jurisdiction (original jurisdiction) of administrative courts of Ukraine need additional research and clarification (Kravtsova & Petrova, 2018).

Essence and Content of the Subject-Matter Jurisdiction of Administrative Courts in Ukraine

The jurisdiction of administrative cases is determined due to a set of legal features (properties) of a case on the basis of which the law determines a court that have the right and obligation to consider such case and resolve it. …

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